- 6 - Commissioner, 76 T.C. 468, 481 (1981), affd. without published opinion 720 F.2d 664 (3d Cir. 1983). Accordingly, except for the $290 contribution to the United Christian Church, which respondent concedes, we hold for respondent on this issue. Turning to the mortgage interest, the parties do not dispute that petitioner may deduct the interest that she paid on her primary residence and one other California property.3 See sec. 163(h)(2)(D). The parties lock horns on the interest paid on the remaining two Californian properties. Petitioner asserts that this interest is deductible as interest on properties held out for rental; i.e., investment interest. Petitioner argues that her lottery winnings are investment income that can be offset by this investment interest expense. We disagree with petitioner that the interest on the other properties is deductible as investment interest. We are unable to find in the record that petitioner ever held any of these properties out for rental or otherwise held them as an investment. Petitioner's brief, on this issue, is directed entirely towards her assertion that lottery winnings are a form of investment income. We need not decide that issue, however, 2(...continued) A.F. & A.M. Inc., we note that the record does not indicate that this lodge was a qualified recipient under sec. 170(c)(2). 3 We understand the parties' agreement to mean that petitioner may deduct the mortgage interest paid with respect to 331 West 46th Street ($10,913) and Salter Road ($23,994).Page: Previous 1 2 3 4 5 6 7 8 9 Next
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